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Mediation is a process in which the parties try to settle their disputes with the assistance of a trained mediator. While many mediators are also licensed attorneys, in the mediation process the mediator acts as a neutral third party with the objective of gathering information, identifying the goals of the parties and assisting the parties in developing solutions that allow both of them to achieve their individual goals in a fair and respectful manner.
Mediation often occurs during litigation and mediators are generally either appointed by judges or retained by attorneys and parties to assist the parties in resolving disputes while attempting to avoid protracted litigation. Mediation is a confidential process that is predicated on full disclosure and requires the cooperation of the parties and there can be as little or as many meetings with the mediator as are necessary to reach a resolution. Successful mediation will culminate with the mediator preparing a report which outlines the parties’ agreement in a summary form that is presented to the judge or the attorneys who will then use the summary to prepare a Marital Settlement Agreement.
Our KSPM team has several trained mediators at who are often appointed as mediators in contested matters.